20070126Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:WAYNE HART
DATE:JANUARY 25, 2007
RE:ST AFF REVIEW OF INTERCONNECTION AGREEMENTS AND
AMENDMENTS: CASE NOS. QWE-00-, QWE-02-23, QWE-03-13,
QWE-05-8, QWE-06-, AND QWE-06-25.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.C. 9252(e)(1). The
Commission may reject an agreement adopted by negotiations only ifit finds that the agreement:
(1) discriminates against a telecommunications carrier not a party to the agreement; or
(2) implementation of the agreement is not consistent with the public interest, convenience and
necessity. 47 U.C. 9252(e)(2)(A).
THE CURRENT APPLICATIONS
1. Qwest and McLeodUSA Telecommunications Services, Inc. (Case No. QWE-00-7).
This Application seeks approval of an amendment providing terms and procedures for retaining the
existing cabling and fuse position when a CLEC's DC Power use is reduced to zero.
2. Qwest and Westcom, LLC dba WesTelFiber (Case No. QWE-02-23).This
Application seeks approval of the TRO/TRRO Amendment. The amendment implements the
changes to the standard agreement to comply with the FCC's Triennial Review Order and
Triennial Review Remand Order. The Commission has previously approved this amendment in
other cases.
DECISION MEMORANDUM - 1 -JANUARY 25 , 2007
3. Qwest and New Cingular Wireless PCS, LLC (Case No. QWE-03-13).This
Application seeks approval of an amendment that specifies the terms and conditions that will apply
to the surviving entity of the mergers of AT&T Wireless and Cingular, which then merged with
Pacific Bell Wireless, Northwest. New Cingular Wireless PCS LLC is the surviving entity of these
mergers. Qwest had multiple agreements with the merged entities, and the amendment
consolidates those agreements into a single agreement.
4. Qwest and Prime Time Ventures, LLC (Case No. QWE-05-. This Application
seeks approval of the Qwest DSL Amendment. The amendment reflects Qwest's decision to offer
its digital subscriber line service as a Title I service, and therefore no longer available under the
terms of the interconnection agreement. The Commission has previously approved this
amendment in other cases.
5. Qwest and MCImetro Access Transmission Services, LLC (Case No. QWE-06-24).
This Application seeks approval of a new agreement, as well as an amendment to that agreement.
The new agreement is a negotiated agreement and contains terms that are similar to those in
previously approved agreements. The amendment specifies that this single agreement will replace
all previous agreements between Qwest and MCI and any other CLECs that had been acquired by
or merged with MCI.
6. Qwest and Ygnition Networks, Inc. (Case No. QWE-06-25).This Application seeks
approval of the agreement between Qwest and Ygnition Networks, Inc. to adopt the terms of the
agreement between Qwest and 360networks USA, Inc. The Commission approved the Qwest-
360networks agreement in Order No. 29986.
STAFF ANALYSIS
The Staff has reviewed all of these Applications and did not find any terms and conditions
that it considers to be discriminatory or contrary to the public interest. Staff believes that these
Agreements and Amendments are consistent with the pro-competitive policies of this Commission
the Idaho Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff
believes that these Agreements and Amendments to previously approved interconnection
agreements merit the Commission s approval.
DECISION MEMORANDUM - 2 -JANUARY 25, 2007
COMMISSION DECISION
Does the Commission wish to approve the Applications for Approval of the
Interconnection Agreements and Amendments listed above?
i:udmemos/intc dm 1 25 07.doc
DECISION MEMORANDUM - 3 -JANUARY 25, 2007